Mangal Singh vs State of U.P.

M. Wahajuddin, J.—It would appear that cross F. I. Rs were lodged by the applicant and the other side, namely, Keshav Singh. On the FIR of the applicant Crime No. 118-A of 1980 of P. S. Barnahal District Mainpuri was registered while on the FIR of Keshav Singh under Sections 302, 307 IPC case No. 118 of 1980 was registered. In case crime No. 118-A of 1980 a final report was submitted while in case No. 118 of 1980 a charge-sheet was submitted. On a protest petition moved in the case relating to crime case No. 118A the Magistrate directed further investigation, also directing the police to furnish some more papers which matter was pending when the present applicant Mangal Singh who is an accused in Crime Case No. 118 of 1980 made a prayer that both the cases be heard together by the same Sessions Judge. That prayer was rejected by the Magistrate and a revision preferred by the applicant was also rejected. Feeling aggrieved from the aforesaid orders of the Magistrate and the Additional Sessions Judge the present application u/s 482 Code of Criminal Procedure has been preferred praying that the applicant''s prayer that both the cases be heard together be allowed.

I have gone through the judgment of the lower court as well as the judgment in revision. The approach of both the courts below is sound. The case relating to Crime No. 118 of 1980 could not be left to the fate of cross-case Crime No. 118A of 1980, when that case is not even ripe.

In the circumstances the courts below have not committed any illegality or irregularity which may call for any interference by this Court by exercising its inherent powers. The petition is rejected.